SEC's Semi-Annual Weingarten Notice of Employee Representation Rights


3/26/07: Pursuant to the Federal Labor-Management Relations Statute (FLMRS) and Article 3, Section 7C of the Collective Bargaining Agreement between the SEC and the NTEU, this serves as the semi-annual notice to employees of their representation rights under the FLMRS.

Section 7114 (a) of the Civil Service Reform Act of 1978 (Title 5 of the U.S. Code) provides representation rights for employees in units of exclusive recognition during certain investigatory examinations by officials of the Agency. Specifically, Section 7114 (a), in pertinent part provides that:

(2) An exclusive representative of an appropriate unit in an agency shall be given the opportunity to be represented at—

(B) any examination of an employee in the unit by a representative of the agency in connection with an investigation if—

(i) the employee reasonably believes that the examination may result in disciplinary action against the employee; and

(ii) the employee requests the representation.

(3) Each agency shall annually inform its employees of their rights under paragraph (2) (B) of this subsection.

Supervisors, management officials, and other officials of the Agency are required to comply with the provisions of section 7114 (a) (2) during examinations where the employee is entitled to and requests representation by the exclusively recognized labor organization.

Any questions regarding this notice may be addressed to the Employee/Labor Relations Branch, OHR on (202) 551-7770.